< Back to IRS

Chloe Martin

If I move overseas, will my US apartment still be considered a domicile for tax purposes?

I own an apartment in NYC but my family and I are planning to relocate to Singapore (which doesn't have a tax treaty with the US). We're keeping our apartment here - not selling or renting it out. I'm trying to figure out if the IRS will still consider this apartment my "domicile" for tax residency purposes even though I won't be living there? I've been researching US tax residency criteria and noticed that having a domicile in the country is typically one factor that determines whether you're considered a tax resident. I'm confused about what exactly counts as a "domicile" - is it just any property you own? Or does it need to be your primary residence? If anyone has experience with international moves while keeping US property, I'd really appreciate your input! Trying to understand the tax implications before we make this big life change.

The question of domicile is actually more complex than just property ownership. For US tax purposes, domicile is generally considered to be the place you consider your permanent home - where you intend to return even if you're living elsewhere temporarily. It's about your intent and connections more than just property. If you move overseas but maintain significant ties to the US (keeping your apartment unfurnished and available for your use, maintaining US bank accounts, driver's license, voter registration, etc.), the IRS could potentially view you as maintaining your US domicile. However, if you clearly establish a new life abroad (getting permanent residency in Singapore, moving your personal belongings there, enrolling kids in school there, etc.), then you could argue you've changed your domicile, even if you still own property in the US. Keep in mind that even if you establish a new domicile abroad, you'll still be a US citizen (assuming you are one), which means you're still subject to US taxation on worldwide income. You might qualify for Foreign Earned Income Exclusion or Foreign Tax Credits depending on your situation.

0 coins

So if I keep my US apartment but don't live there most of the year, could I still use the Foreign Earned Income Exclusion? And would the rental income from the apartment (if I decided to rent it out) be taxed differently than my regular income from working abroad?

0 coins

You could still qualify for the Foreign Earned Income Exclusion if you meet either the Physical Presence Test (physically present in foreign country for 330 days in a 12-month period) or the Bona Fide Residence Test (establish residence in a foreign country for an entire tax year). Owning property in the US doesn't automatically disqualify you. Rental income from your US apartment would be considered US-source income and would be taxable in the US regardless of your residency status. It's not eligible for the Foreign Earned Income Exclusion because it's not earned income from personal services. You would report it on Schedule E and could deduct related expenses like mortgage interest, property taxes, insurance, maintenance, and depreciation.

0 coins

I went through something similar last year when I moved to Thailand. The tax situation was driving me crazy until I found https://taxr.ai - it literally saved me thousands! I uploaded my documents (previous returns, property info, etc.) and it analyzed my specific situation. It determined that yes, I still owned US property, but since I had established clear residence abroad (local bank accounts, lease agreement, utility bills), my "domicile" for tax purposes had actually changed. The tool helped me understand that domicile is more about your intent and where you plan to return to long-term rather than just property ownership. I ended up qualifying for the Foreign Earned Income Exclusion which saved me a ton!

0 coins

How accurate was the advice from that site? Did you double-check with an actual tax professional? I'm skeptical about these AI tools for something as important as international tax planning.

0 coins

Does it work for people in my situation too? I'm a dual citizen (US/Canada) with property in both countries, and I'm constantly confused about where I'm considered a tax resident and which tax treaties apply.

0 coins

The advice was spot-on! I did have a tax professional review everything afterward, and they confirmed the analysis was accurate. The tool doesn't replace professionals entirely, but it helps you understand your specific situation before spending hundreds on consultation fees. It absolutely works for dual citizens! The system is designed to handle complex international situations including property ownership across borders and applicable tax treaties. It specifically analyzes your personal situation rather than giving generic advice. You can upload your documents and get clarity on which country considers you a resident and how the tax treaties affect your obligations.

0 coins

Just wanted to follow up - I tried https://taxr.ai after seeing the recommendation here and it was incredibly helpful for my complex dual citizen situation! The system analyzed all my documents and gave me a detailed breakdown of my tax residency status in both the US and Canada. It showed me exactly how the US-Canada tax treaty applied to my situation with properties in both countries. The most helpful part was that it identified specific evidence I should maintain to prove my tax residency status to both tax authorities. I have much more confidence going into tax season now and actually learned I was overpaying in both countries! Definitely worth checking out if you're dealing with international tax questions.

0 coins

If you're having trouble getting clear answers about your tax residency status, I'd recommend trying https://claimyr.com to connect directly with an IRS agent. I was going in circles with similar questions last year and couldn't get through on the regular IRS line (was on hold for HOURS). Claimyr got me connected to a real IRS agent within 15 minutes who clarified exactly how my overseas property was viewed for tax purposes. They have a demo video at https://youtu.be/_kiP6q8DX5c that shows how it works. Basically, they use technology to navigate the IRS phone system for you and call you when they have an agent on the line. The agent explained that merely owning US property doesn't automatically create domicile - it's about your overall connections to the US vs. your new country. They asked about things like where I keep personal belongings, where my family is, voting registration, etc.

0 coins

How does this service actually work? Sounds too good to be true considering how impossible it is to reach anyone at the IRS these days.

0 coins

I'm skeptical... the IRS agents I've spoken with in the past have given me contradictory information about international tax issues. How do you know the info you got was accurate? Domicile determination seems like it would require a tax attorney not just a phone agent.

0 coins

It's actually quite simple. They use an automated system that dials and navigates the IRS phone tree constantly until they reach a human agent. When they get someone, they instantly connect you to the call. No magic, just smart technology solving a frustrating problem. The agent I spoke with specifically worked in the international tax department and was very knowledgeable about domicile issues. You're right that complex legal determinations might need a tax attorney, but for understanding how the IRS views certain factors in domicile determination, they were extremely helpful. They directed me to specific IRS publications that addressed my situation and clarified which factors carry the most weight in their analysis. It was definitely more useful than guessing or reading conflicting information online.

0 coins

I need to eat my words and follow up on my skeptical comment. After struggling for weeks with this domicile question for my move to Dubai, I broke down and tried Claimyr. Within 20 minutes (!!!), I was talking to someone in the IRS international tax department. The agent walked me through the specific factors they look at when determining domicile: where your permanent home is, where your family lives, where your personal belongings are located, where you're registered to vote, where you have driver's licenses/bank accounts, and most importantly - your demonstrated intent to return to the US or stay abroad permanently. For my specific situation with property in both countries, they explained exactly what documentation to maintain to support my position if I'm ever questioned. Completely worth it - saved me thousands in potential mistakes.

0 coins

One thing that hasn't been mentioned yet is the Substantial Presence Test, which is separate from the domicile question. Even if you establish a new domicile abroad, you could still be considered a US tax resident if you spend too many days in the US. The formula is: all days present in current year + 1/3 of days in previous year + 1/6 of days in the year before that. If that total is 183 or more, you're considered a US resident for tax purposes unless you qualify for exceptions. So if you're planning to visit your US apartment regularly, be careful about tracking your days!

0 coins

Does this test apply to US citizens too? I thought citizens were taxed on worldwide income regardless of where they live or how many days they spend in the US?

0 coins

The Substantial Presence Test primarily applies to non-citizens/non-permanent residents to determine if they're US tax residents. You're absolutely right that US citizens are taxed on worldwide income regardless of where they live - it's one of the few countries that taxes based on citizenship rather than residence. So for US citizens, the Substantial Presence Test doesn't change their obligation to file and report worldwide income, but it's still relevant for determining things like which foreign tax provisions they might qualify for.

0 coins

As someone who moved from Boston to Malaysia 3 years ago while keeping my condo in the US, here's my practical experience: 1) The IRS looks at your overall situation to determine domicile - not just property ownership 2) I still file US taxes (citizens must), but qualify for Foreign Earned Income Exclusion 3) I rent out my US condo and pay US tax on that income (it's US source) 4) Key for proving foreign domicile: foreign bank accounts, housing contract, utility bills, foreign driver's license, club memberships, etc. 5) Document your moving expenses and shipping of personal belongings This isn't just about taxes but also state-specific obligations. I formally terminated my MA residency to avoid state taxes. The most helpful thing was keeping a detailed calendar of my physical presence in each country.

0 coins

Did you have to file any special forms with Massachusetts to terminate your residency? I'm in a similar situation with my apartment in NYC but moving to Singapore, and I'm wondering about NY state taxes.

0 coins

This is such a timely question! I'm currently dealing with a similar situation as a tax preparer who specializes in expat returns. The key distinction everyone's touching on is absolutely correct - domicile is about intent and your center of vital interests, not just property ownership. The IRS looks at the totality of circumstances including where you maintain bank accounts, voter registration, professional licenses, family ties, and personal belongings. For your Singapore move specifically, a few important considerations: 1) Singapore doesn't have a tax treaty with the US, so you won't get treaty benefits that might reduce withholding on US-source income 2) If you do rent out the NYC apartment later, you'll face 30% withholding on gross rental income (not net) unless you elect to treat it as effectively connected income and file a US return 3) Keep detailed records of your move - shipping receipts, lease agreements in Singapore, utility connections, etc. This documentation will be crucial if the IRS ever questions your domicile change 4) Consider the timing of your move for tax purposes - if you move mid-year, you might want to file as a dual-status taxpayer The Foreign Earned Income Exclusion will likely be your friend here, assuming you meet either the physical presence or bona fide residence test. Just remember it only applies to earned income, not investment income or rental income from your US property.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
43,533 users helped today